Thought on Judge Kavanaugh

Posted by David Hardy · 10 September 2018 09:18 AM

Brendan Kirby has a key thought. Kavanaugh will be one vote out of nine. If indeed he's "outside the judicial mainstream" he'll lose 8-1 every time. His vote can only have an impact if four other Justices agree, and any view that is held by four sitting Supreme Court Justices cannot be described as "outside the judicial mainstream." So which is it?

But, he is big on stare decisis and the machine gun thing is straight from Heller. I don't think he could get away with a recommendation to overturn NFA34 before he was even confirmed.

I think we still have a tiny chance to, at least, overturn Hughes under the right circumstances. BUT, not in my lifetime.

NFA34 never anticipated the modularity of modern firearms. And the silencer thing was just an afterthought anyway. If the original bill had not included handguns, short barrel rifles would not have been included either. The NFA needs to go away but who is going to support a pro gun bill?

Would be nice to get some studies performed under the current administration finding that machine guns, silencers, and SBRs would not impact crime statistics much so there'd be a simple economic argument for allowing easier sale of them.